Bill Text: NY S01351 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to treatment of domestic violence victims and documentation of injury and evidence; requires collection and storage of evidence and prohibits agencies from charging domestic violence victims.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HEALTH [S01351 Detail]
Download: New_York-2019-S01351-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1351 2019-2020 Regular Sessions IN SENATE January 14, 2019 ___________ Introduced by Sens. SERINO, AKSHAR, AMEDORE, FUNKE, RANZENHOFER, ROBACH, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the executive law, in relation to treatment of domestic violence victims and documentation of injury and evidence The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 2805-z to read as follows: 3 § 2805-z. Treatment of domestic violence victims and documentation of 4 injury and evidence. 1. Upon the request and consent of the patient, 5 every hospital providing treatment to alleged victims of domestic 6 violence shall be responsible for: 7 (a) providing documentation of domestic violence evidence, including 8 but not limited to the maintenance of domestic violence evidence and the 9 chain of custody as provided in subdivision two of this section; 10 (b) contacting a domestic violence assistance organization or shelter, 11 if any, providing domestic violence services and assistance to the 12 geographic area served by the hospital to establish the coordination of 13 non-medical services to domestic violence victims who request such coor- 14 dination and services; and 15 (c) ensuring that domestic violence victims are not billed for domes- 16 tic violence forensic exams and are notified orally and in writing of 17 the option to decline to provide private health insurance information 18 and have the office of victim services reimburse the hospital for the 19 exam pursuant to subdivision thirteen of section six hundred thirty-one 20 of the executive law. 21 2. Domestic violence evidence shall be collected and maintained as 22 follows: 23 (a) All domestic violence evidence, including but not limited to 24 photographic evidence, shall be provided to the alleged victim upon 25 their request. Upon the consent of the victim, all domestic violence 26 evidence, including photographic evidence, shall be kept in a locked, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01666-01-9S. 1351 2 1 separate and secure area for five years from the date of collection; 2 provided that such evidence shall be transferred to a new location or 3 locations pursuant to this subdivision. 4 (b) Domestic violence evidence shall include, but not be limited to, 5 slides, cotton swabs, photographs, clothing and other items. Where 6 appropriate, such items shall be refrigerated and the cloths and swabs 7 shall be dried, stored in paper bags, and labeled. Each item of evidence 8 shall be marked and logged with a code number corresponding to the 9 alleged domestic violence victim's medical record. 10 (c) Upon collection, the hospital shall notify the alleged domestic 11 violence victim that, after five years, the domestic violence evidence 12 will be discarded in compliance with state and local health codes and 13 that the alleged domestic violence victim's clothes or personal effects 14 will be returned to the alleged domestic violence victim at any time 15 upon request. The alleged domestic violence victim shall be given the 16 option of providing contact information for purposes of receiving notice 17 of the planned destruction of such evidence after the expiration of the 18 five-year period. 19 3. Nothing within this section shall preclude the reporting hospital 20 from using the resources, procedures, or means of notification previous- 21 ly established under any other law with respect to the collection of 22 evidence that does not mitigate or abrogate any responsibilities herein. 23 4. Notwithstanding any provision of this section, where the person is 24 an alleged victim of a sexual assault or offense the hospital shall 25 treat and maintain evidence in accordance with section twenty-eight 26 hundred five-i of this article. 27 § 2. Subdivision 1 of section 631 of the executive law, as separately 28 amended by chapters 189 and 295 of the laws of 2018, is amended to read 29 as follows: 30 1. No award shall be made unless the office finds that (a) a crime was 31 committed, (b) such crime directly resulted in personal physical injury 32 to or the exacerbation of a preexisting disability, or condition, or 33 death of, the victim, and (c) criminal justice agency records show that 34 such crime was promptly reported to the proper authorities; and in no 35 case may an award be made where the criminal justice agency records show 36 that such report was made more than one week after the occurrence of 37 such crime unless the office, for good cause shown, finds the delay to 38 have been justified. Notwithstanding the foregoing provisions of this 39 subdivision, in cases involving an alleged sex offense as contained in 40 article one hundred thirty of the penal law or incest as defined in 41 section 255.25, 255.26 or 255.27 of the penal law or labor trafficking 42 as defined in section 135.35 of the penal law or sex trafficking as 43 defined in sections 230.34 and 230.34-a of the penal law or an offense 44 chargeable as a family offense as described in section eight hundred 45 twelve of the family court act or section 530.11 of the criminal proce- 46 dure law, the criminal justice agency report need only be made within a 47 reasonable time considering all the circumstances, including the 48 victim's physical, emotional and mental condition and family situation. 49 For the purposes of this subdivision, "criminal justice agency" shall 50 include, but not be limited to, a police department, a district attor- 51 ney's office, and any other governmental agency having responsibility 52 for the enforcement of the criminal laws of the state provided, however, 53 that in cases involving such sex offense or family offense a criminal 54 justice agency shall also mean a family court, a governmental agency 55 responsible for child and/or adult protective services pursuant to title 56 six of article six of the social services law and/or title one of arti-S. 1351 3 1 cle nine-B of the social services law, and any medical facility estab- 2 lished under the laws of the state that provides a forensic physical 3 examination for victims of rape and sexual assault or a forensic exam- 4 ination of domestic violence victims pursuant to section twenty-eight 5 hundred five-z of the public health law. 6 § 3. Section 631 of the executive law is amended by adding a new 7 subdivision 19 to read as follows: 8 19. Notwithstanding any other provision of law, rule, or regulation to 9 the contrary, when any New York state accredited hospital, accredited 10 sexual assault examiner program, or licensed health care provider 11 furnishes services to any alleged domestic violence victim, including 12 but not limited to a forensic examination of domestic violence victims 13 pursuant to section twenty-eight hundred five-z of the public health law 14 in accordance with the domestic violence offense evidence collection 15 protocol and standards established by the department of health, such 16 hospital, sexual assault examiner program, or licensed health care 17 provider shall provide such services to the person without charge and 18 shall bill the office directly. The office, in consultation with the 19 department of health, shall define the specific services to be covered 20 by the domestic violence forensic exam reimbursement fee, which must 21 include at a minimum forensic examiner services, hospital or health care 22 facility services related to the exam, and related laboratory tests. The 23 office, in consultation with the department of health, shall also gener- 24 ate the necessary regulations and forms for the direct reimbursement 25 procedure. The rate for reimbursement shall be the amount of itemized 26 charges not exceeding eight hundred dollars, to be reviewed and adjusted 27 annually by the office in consultation with the department of health. 28 The hospital, sexual assault examiner program, or licensed health care 29 provider must accept this fee as payment in full for these specified 30 services. No additional billing of the victim for said services is 31 permissible. A domestic violence victim may voluntarily assign any 32 private insurance benefits to which he or she is entitled for the health 33 care forensic examination, in which case the hospital or health care 34 provider may not charge the office; provided, however, in the event the 35 domestic violence victim assigns any private health insurance benefit, 36 such coverage shall not be subject to annual deductibles or coinsurance 37 or balance billing by the hospital, sexual assault examiner program or 38 licensed health care provider. A hospital, sexual assault examiner 39 program or licensed health care provider shall, at the time of the 40 initial visit, request assignment of any private health insurance bene- 41 fits to which the domestic violence victim is entitled on a form 42 prescribed by the office; provided, however, such domestic violence 43 victim shall be advised orally and in writing that he or she may decline 44 to provide such information regarding private health insurance benefits 45 if he or she believes that the provision of such information would 46 substantially interfere with his or her personal privacy or safety and 47 in such event, the domestic violence forensic exam fee shall be paid by 48 the office. Such domestic violence victim shall also be advised that 49 providing such information may provide additional resources to pay for 50 services to other victims. If he or she declines to provide such health 51 insurance information, he or she shall indicate such decision on the 52 form provided by the hospital, sexual assault examiner program or 53 licensed health care provider, which form shall be prescribed by the 54 office. 55 § 4. This act shall take effect immediately.